City of Elizabeth v. Aydlett

156 S.E. 163, 200 N.C. 58, 1930 N.C. LEXIS 26

Opinion

Stacy, C. J.

Section 8 of chapter 250, Public Laws 1923, provides that in case any building or structure is erected or maintained in violation of any ordinance or regulation adopted in pursuance thereof, the proper authorities of the municipality, in addition to other remedies, may institute any appropriate action or iiroceeding to restrain or abate sucb unlawful erection, maintenance, occupancy or use, and to prevent any illegal act in connection therewith.

This differentiates the case from Elizabeth City v. Aydlett, 198 N. C., 585, 152 S. E., 681, and the trial court was in error in holding that plaintiff was precluded from testing the matter by injunction. 14 E. O. L., 379.

The validity of the ordinance is not involved on the present appeal. The appropriateness of the remedy selected by plaintiff is the only question presented for decision.

Error.